Vineet Saran, J. - (1.) Nankoo Ram, father of the petitioner, was a Handling Labourer in the Food Corporation of India, Agra. In terms of the Circular of the Food Corporation of India, dated 3.7.1996, Nankoo Ram applied on 16.6.1999 (wrongly shown as 16.6.1996) for his premature retirement. At that time, he was just below 54 years of age. Alongwith the application for premature retirement, Nankoo Ram also applied for his son Raja Ram, i.e. the petitioner, being appointed on compassionate ground in terms of the Circular, dated 3.7.1996, a copy of which has been filed as Annexure-1 to this writ petition. In response to the said application, Nankoo Ram was medically examined by a team of Doctors of the District Hospital which issued a Certificate dated 24.12.1999 declaring said Nankoo Ram to have become incapacitated for doing the handling work. Nankoo Ram was thus declared medically unfit and was retired with effect from 25.7.2000 when he was 55 years and 7 days old. The said Nankoo Ram thereafter expired on 17.2.2001.
(2.) At the time, when the application for voluntary retirement of Nankoo Ram, father of the petitioner, was being processed, simultaneously, the application of the petitioner for appointment on compassionate ground was also being processed by the Food Corporation of India in terms of its Circular dated 3.7.1996. On 9.3.2000, a Committee constituted by the District Manager, Food Corporation of India, Agra, had conducted the performance test of the petitioner he was issued fitness certificate by the competent authority. Since, according to the petitioner, he had completed all the formalities and had also fulfilled the requisite qualifications in terms of the Circular, dated 3.7.1996, for appointment on compassionate ground; and as the application for retirement of Nankoo Ram, father of petitioner, on medical grounds had already been accepted and he had been retired in pursuance thereof, the petitioner claims that the respondents should have simultaneously given him appointment on compassionate grounds. By the impugned order, dated 31.8.2002/2.9.2002, passed by Deputy Manager on behalf of the Senior Regional Manager of the Food Corporation of India, the application of the petitioner for compassionate appointment has been rejected in the light of Point No. 3 of the affidavit, dated 8.12.1999, of late Nankoo Ram, father of the petitioner. The petitioner thereafter, filed an application for reviewing the said order, which has also been rejected by order, dated 1.2.2003, passed by the District Manager, Food Corporation of India. Aggrieved by the said orders, the petitioner has filed this writ petition for quashing the same and also for a direction to the Respondent No. 2 to appoint him on the post of Loader/Handling Labourer in place of his father Nankoo Ram.
(3.) I have heard Sri R.C. Gupta, learned Counsel for the petitioner as well as Sri Nripendra Misra, learned Counsel appearing for the respondent-Corporation and have perused the record.;